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THE EU DIRECTIVE ON MEDIATION IN CIVIL AND COMMERCIAL MATTERS AND THE PRINCIPLE OF EFFECTIVE JUDICIAL PROTECTION
Antonio Maria MARZOCCO,Michele NINO
Lex et Scientia , 2012,
Abstract: The essay concerns the implications of EU Directive 2008/52/EC regarding mediation in civil and commercial matters on the right of effective judicial protection. After having underlined the importance assumed in the European Union by alternative dispute resolution, the essay examines the stages that led European institutions to the adoption of the Directive on mediation in civil and commercial matters. The article addresses the aims and the scope of the Directive and subsequently focuses its attention on Directive dispositions regulating the “key aspects” of civil procedure. The essay emphasizes that the Directive, in substance, allows both optional mediation and compulsory mediation. However, compulsory mediation can contrast with the principle of effective judicial protection. Furthermore, the essay deals with the relationship between compulsory mediation and the principle of effective judicial protection, and identifies, examining a recent pronouncement of the EU Court of Justice, the needed requisites to be respected in order that such contrast does not occur.
Consumer Protection: Problems and Prospects
Aman CHATTERJEE,Sheetal SAHOO Abstract:
Postmodern Openings , 2011,
Abstract: The contemporary era is marked as the era of consumers. No country can knowingly or unknowingly disregard the interest of the consumers. This can be argued on the basis of fast enactment of consumer protection laws in almost all part of the world. Apart from the consumer protection laws in developed world, we could find the accelerated rate of lawmaking for consumers in developing countries like Thailand, Sri Lanka, Korea, Mongolia, Philippines, Mauritius, China, Taiwan, Nepal, Indonesia, Malaysia and other countries. India is not an exception to this rule. The Consumer Protection Act, 1986, is one of the examples that is to be treated as a milestone in the history of socio-economic legislation to protect the interests of the consumers in India. The main objective of the Consumer Protection Act is to ensure the better protection of consumers. Unlike existing laws which are punitive or preventive in nature, the provisions of this Act are compensatory in nature. The Act is also intended to provide simple, speedy and inexpensive redressal to the consumers’ grievances, and relief of a pecific nature and award of compensation wherever appropriate to the consumer. The act has been amended in 1993 both to extend its coverage and scope and to enhance the powers of the redressal machinery.
Protection against sexual harassment at work in the EU law  [PDF]
Jovanovi? Sla?ana,Simeunovi?-Pati? Biljana
Temida , 2006, DOI: 10.2298/tem0604017j
Abstract: The paper gives an overview of the most important EU acts that prohibit the sexual harassment in the workplace and recommend the protection mechanisms. The problem of sexual harassment has been perceived from the aspect of gender (in)equality and discrimination while its solution is found in urgeing for consistent implementation of the principle of equal opportunity of women and men in the sphere of labor and employment. For the purpose of providing a comparative insight, it has been also given an overview of national legislative in this domain proceeding by conclusion that only few initial steps in creating the adequate mechanisms of protection from sexual harassment in the workplace have been made so far. .
The Consumerism and Consumer Protection Policies in the European Community
Ionel BOSTAN,Aurel BURCIU,Veronica GROSU
Theoretical and Applied Economics , 2010,
Abstract: In the modern economy, the efficiency of the markets generally guarantees an effective superiority of the consumers, that unjustly consider them to be affected by large-scale diffusing of the consumption process, but which in reality are not more than the free choice expression of the consumers, practically of their own autonomy. Starting from these aspects, the authors have aimed, after a short presentation of the consumer protection policies and the origins and evolution of the consumption phenomenon within the EU, to identify and analyze the critical elements with impacts over these policies, but also the first steps made by the institutions and legislation of the states that make the European Community. Our attention has been mainly focused on the future strategies programmed by the EC, highlighting the support and harmony encouragement necessity between the national legislations of the EU member states, in order to answer first of all to the more pressing demand, on behalf of the citizens, to have laws as simple and clear as possible, and therefore to be protected. Therefore, consumer protection becomes, from an objective mediated through individual interventions of the Community Institutions (inspired by the harmonization wish of the national legislation afferent to the EU member states regarding economical and commercial relations) one of the main intervention policies of the Community Organisms.
Civil society participation in EU governance
Eva G. Heidbreder
Living Reviews in European Governance , 2012,
Abstract: For the longest time, the participation of civil society has not been an area of interest for neither EU researchers nor political decision-makers. This changed with a rising interest in the democratic credentials of the European Union. With the end of the initial permissive consensus on EU integration, civil society emerged as a possible remedy to bridge the gap between supranational governance and citizens. This Living Review presents the two dominant analytical perspectives on civil society participation: the notion of civil society as organized actors that contribute actively to multilevel governance, and civil society as the mold for an emerging European public sphere. Both these conceptual views are reflected in hands-on initiatives on the EU level. On the one hand, the European Commission in particular promotes the inclusion of organized societal interests in the informal decision-making procedures. On the other hand, various forms of deliberative practices have been introduced that build on the encompassing notion of constituting a trans-European public sphere. The review offers a comprehensive overview on the multiple definitions of civil society and the distinct role attributions these coexisting conceptions imply. The contribution draws a number of critical conclusions on the actual outcomes that the active promotion of civil society participation has thus achieved, and questions whether civil society participation has indeed led to a more grounded legitimacy of EU decisions or a more settled European public sphere.
Consumer Protection Policies and Rational Behavior Consumer Protection Policies and Rational Behavior
Eduardo Engel
Revista de Análisis Económico (RAE) , 1995,
Abstract: How consumers behave has important consequences when assessing the effectiveness of particular consumer protection policies. In this paper it is argued that policies that rely strongly on consumer rationality, such as information provision requirements, are considerable less effective in practice than what is foreseen under the usual assumptions of economic models. The relation between consumer behavior and a variety of consumer protection issues, such as unfair business practices, the benefits of standardization. informatioll regulation, education campaigne, large scale scams and advertising, is analyzed. How consumers behave has important consequences when assessing the effectiveness of particular consumer protection policies. In this paper it is argued that policies that rely strongly on consumer rationality, such as information provision requirements, are considerable less effective in practice than what is foreseen under the usual assumptions of economic models. The relation between consumer behavior and a variety of consumer protection issues, such as unfair business practices, the benefits of standardization. informatioll regulation, education campaigne, large scale scams and advertising, is analyzed.
Governance and Civil Society at the EU Level  [PDF]
Matev? Tom?i?,Mateja Rek
Managing Global Transitions , 2008,
Abstract: In their article, the authors deal with the role of civil society as a factor of European democratic governance. Democratic governance is perceived as an ‘extended polyarchy’ that refers both to the electoral dimension of accountability and to the mechanisms of permanent control over power-holders through institutional balance of power. The authors examine specifics of governance and civil society at the EU level, claiming that participatory democracy is unrealistic at the EU level, which holds also for citizens’ engagement in civil society organized at EU level. They argue that civil society organized at the EU level can contribute to higher accountability of the Union’s institutions, but in a specific way, less through enhancing political engagement of citizens and linking them to political institutions but more through mutual control of different societal actors that would foster greater transparency of political process.
Civil society participation in EU Governance
Barbara Finke
Living Reviews in European Governance , 2007,
Abstract: The debate on the European Union’s legitimacy crisis led to the discovery of civil society in EU governance. With the waning of the permissive consensus, politicians, bureaucrats, and academics shifted their attention towards the input-oriented dimension of democratic legitimacy which results from authentic participation and governance ‘by the people’. Participatory democracy via civil society involvement came to be considered as a promising supplement to representative democracy and entered EU documents such as the White Paper on European Governance and the draft Constitutional Treaty around the turn of the millennium. However, the origins of the current debate on civil society in EU governance can also be traced back to interest group research which has flourished since the early 1980s and the debate on ‘participatory governance’ that unfolded in the 1990s. These approaches are more concerned with effective political problem-solving and the output-dimension of democratic legitimacy which can, from this point of view, be improved by stakeholder participation and civil society engagement. In fact, two scholars who refer to ‘civil society’ do not necessarily mean the same thing and this is even less obvious if journalists, politicians or public officials allude to civil society. In order to enhance the basis of the discussion, we should seek to identify the conceptions they rely on. This will help us to understand where different arguments come from. Hence, this essay seeks to identify the different layers of the current debate on civil society participation in EU governance by unfolding the traditions of thought academic and political advocates of civil society in EU affairs currently draw on. This essay will basically distinguish between output-oriented approaches which explore the contribution of civil society groups to effective governance and problem-solving on the one hand and research that is interested in input-oriented legitimacy and participatory democracy on the other.
The policy of consumer protection in the electricity market  [PDF]
Filipovi? Sanja,Tani? Gordan
Economic Annals , 2008, DOI: 10.2298/eka0879157f
Abstract: The provision of a safe and reliable electricity supply has a central place in modern social life. The rise of electricity prices and the process of liberalization of the electricity market are the two main factors which have made it necessary to modify the current traditional ways of protecting vulnerable customer categories. The Internal Energy Market Directives provisions ensure that citizens have access to energy of a specified quality level at reasonable, cost-reflective prices and to the conditions of real competition and free choice. This objective implies intervention due to the fact that some consumer classes are less attractive for the companies (remote consumers, low consumption consumers or low-income consumers). The aim of this paper is to analyze the current forms of vulnerable customer protection from the critical point of view and to point out possibilities for their application in the case of Serbia.
A Comparative Study on the Consumer Protection Legislations of Malaysia and Indonesia
Sakina Shaik Ahmad Yusoff,Rahmah Ismail,Shamsuddin Suhor,Azimon Abdul Aziz,Muhammad Rizal Razman,Kartini Aboo Talib Khalid
International Business Management , 2012, DOI: 10.3923/ibm.2011.266.278
Abstract: Every nation within the Asean community has adopted measures to protect consumer rights and interests by establishing institutional and regulatory framework. In strengthening and enhancing consumer protection, measures taken vary from one country to the other. The enactment of the Consumer Protection Act in Malaysia and Indonesia demonstrates the commitment of the government of these nations in enhancing consumer protection. Adopting the analysis content methodology, this study scrutinises the Malaysian Consumer Protection Act 1999 and the Law on Consumer Protection 1999 of Indonesia. These legislations provide protection for consumers governing various aspects including misleading and deceptive conduct, safety of goods and services, guarantees in respect of supply of goods and redress mechanism. In keeping with the Malaysian and Indonesian legal culture, the Malaysian Consumer Protection Act 1999 and the Law on Consumer Protection 1999 of Indonesia are seen as the umbrella that will integrate and strengthen law enforcement in the area of consumer protection in these countries.
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